Dubose v. State
This text of Dubose v. State (Dubose v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
ANDRE DUBOSE, § § No. 190, 2022 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 1302011427 (N) STATE OF DELAWARE, § § Appellee. §
Submitted: July 13, 2022 Decided: September 13, 2022
Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices.
ORDER
After careful consideration of the appellant’s opening brief, the State’s motion
to affirm, and the record on appeal, we conclude that the judgment below should be
affirmed on the basis of the Superior Court’s order, dated May 11, 2022, summarily
dismissing the appellant’s second motion for postconviction relief. As the Superior
Court determined, the appellant has not pleaded any circumstances under Rule
61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bars set forth in Rule 61, 1 nor
does he claim that the Superior Court lacked jurisdiction.2
1 DEL. SUPER. CT. CRIM. R. 61(i). 2 Id. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor Justice
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